by An Hertogen
June 19th, 2013 - 8:00 AM EDT |
No Comments »
http://opiniojuris.org/2013/06/19/weekday-news-wrap-wednesday-june-19-2013/
by An Hertogen
June 18th, 2013 - 8:00 AM EDT |
No Comments »
http://opiniojuris.org/2013/06/18/weekday-news-wrap-tuesday-june-18-2013/
by An Hertogen
June 17th, 2013 - 8:00 AM EDT |
No Comments »
http://opiniojuris.org/2013/06/17/weekday-news-wrap-monday-june-17-2013-2/
by An Hertogen
This week on Opinio Juris, there was a lot of news to cover with NSA leak and the US administration’s decision to arm Syrian rebels. On the first, Julian thought Hong Kong was a dumb choice of refuge for the NSA leaker. Chris dug deeper into domestic data-mining with earlier stories about the NSA’s activities. Peter addressed the position of expat Americans in PRISM. Further on cyber-issues, Duncan highlighted Japan’s new Cybersecurity Strategy.
On the second bit of news, Julian argued why the “red line” crossed by Syria is meaningless in terms of the legal framework restricting US intervention in Syria. Neomi Rao contributed a guest post on the implications of the Syria crisis for the R2P doctrine. As announced by Julian here, Neomi will continue to blog on R2P next week, so stay tuned!
Other internationally relevant news can be found in the weekday news wraps.
First in string of guest posts, Michael Lewis argued that Pakistan has withdrawn its consent to US drone strikes in its territory. James Stewart then responded to Kevin’s defence last week of the ICTY’s new “specific direction” standard for aiding and abetting. Finally, Elizabeth Wilson returned to the discussion of Kiobel to refute Samuel Moyn’s argument in his ForeignAffairs post, by delving into the historical background of anti-Shell protests in Ogoniland.
In other posts, Duncan pointed to a recent article by Jean Galbraith on the treaty-implementing power of Congress in historical practice, and Kristen reported back from a conference in Leiden on privileges and immunities of international organizations. If this inspires you to write or to attend a conference, check out this week’s listing of calls for papers and events here.
Have a nice weekend (especially Jessica who has a big day today!)
June 15th, 2013 - 12:15 AM EDT |
No Comments »
http://opiniojuris.org/2013/06/15/weekend-roundup-june-8-15-2013/
This entry was posted in
Weekend Roundup and tagged
Weekend Roundup 06/13.
by Elizabeth A. Wilson
[Dr. Elizabeth A. Wilson is Assistant Professor at the School of Diplomacy and International Relations at Seton Hall University.]
In the “Insta-Symposium” conducted here after the Supreme Court’s Kiobel decision, Peter Spiro linked to a piece by Samuel Moyn about Kiobel posted on the Foreign Affairs website and said he was “sympathetic” with Moyn’s conclusion that “human rights advocates would be better served to abandon the ATS, even to the extent that Kiobel leaves the door open.” Not willing to go quite so far as Moyn in celebrating the ATS’s demise, Spiro nonetheless said, “pressing corporate social responsibility norms may not lend itself to the same sort of sexy clinical offerings as the ATS, but it may be better preparation for today’s real world of human rights practice.” These criticisms connect with important debates happening now concerning the “legalization” of human rights and the ability of human rights to offer “a real politics of change,” in Beth Simmons’ words, so it is important to see what lessons the Kiobel case and its underlying facts really teach.
For those not specialized in human rights, Moyn is a professor of history at Columbia who wrote a book called The Last Utopia in which he argued for a revisionist account of human rights history, stressing the discontinuity of human rights– imagined as they are today as a feature in an international legal system — with a host of ideas and events usually taken as antecedents, including the Universal Declaration of Human Rights, the American Declaration of Independence, and the French Declaration on the Rights of Man and the Citizen. In his Foreign Affairs post on Kiobel, Moyn folds the ATS into this iconoclastic revision of human rights history, stating that the “ATS strategy” favored by American human rights lawyers “resulted in a narrow approach [i.e., a legal approach] that marginalized other options,” doing nothing “to address underlying political and economic problems.” “Far better,” he opines,” to move onto other ways of protecting human rights – less centered on courts, less rushed for quick fix, less concerned with spectacular wrongs to individuals and more with structural evils, and less disconnected from social movements abroad.” Moyn asserts that “[t]here is little evidence…that the wave of ATS litigation has put a dent in the world’s suffering,” though he provides no evidence to support this claim.
(more…)
June 13th, 2013 - 11:33 PM EDT |
2 Comments »
http://opiniojuris.org/2013/06/13/kiobel-guest-post-a-rejoinder-to-samuel-moyn/
by An Hertogen
June 13th, 2013 - 8:00 AM EDT |
No Comments »
http://opiniojuris.org/2013/06/13/weekday-news-wrap-thursday-june-13-2013/
by An Hertogen
June 12th, 2013 - 8:00 AM EDT |
Comments Off
http://opiniojuris.org/2013/06/12/weekday-news-wrap-wednesday-june-12-2013/
by An Hertogen
- The United States may decide early this week to provide armed assistance to Syrian rebels. Israel’s PM Netanyahu has made clear that Israel refuses to get involved in this discussion.
- Turkish riot police have moved into Taksim Square to remove anti-government protesters.
- A Kenyan court has imposed prison sentences of five years on nine Somali nationals accused of piracy in the Gulf of Aden.
- EU officials have been critical of Special Rapporteur Falk when he presented his report on Israel at the UNHRC in Geneva.
- As more revelations about the NSA’s surveillance are in the pipeline, Ed Snowden’s current whereabouts are unknown.
- Ethiopia is being advised to take Egypt to the ICJ to secure rights to dam the Nile.
June 11th, 2013 - 8:00 AM EDT |
Comments Off
http://opiniojuris.org/2013/06/11/weekday-news-wrap-tuesday-june-11-2013/
by An Hertogen
June 10th, 2013 - 8:00 AM EDT |
Comments Off
http://opiniojuris.org/2013/06/10/weekday-news-wrap-monday-june-10-2013/
by An Hertogen
June 6th, 2013 - 8:00 AM EDT |
Comments Off
http://opiniojuris.org/2013/06/06/weekday-news-wrap-thursday-june-6-2013/
by An Hertogen
- According to French Foreign Minister Laurent Fabius, forensic examination has shown that the Syrian regime used sarin gas against the rebels. He added that all options are now on the table regarding the response to the situation in Syria.
- Syrian troops, assisted by Hezbollah militia, have seized control of the strategic city of Qusair.
- The US International Trade Commission has sided with Samsung in its ongoing patent fight against Apple; this could see certain types of iPads and iPhones banned from import and sale in the US.
- An Egyptian court has handed out prison sentences of up to five years to 43 pro-democracy NGO workers, including 16 Americans.
- Environmental NGOs have released a report accusing Joseph Kony and his militia of poaching elephants for cash and have called upon governments, particularly in Asia, to do more to combat the illegal trade in ivory.
- The EU Trade Commissioner, Karel De Gucht, has imposed a 12% import duty on Chinese solar panel products that will increase to an average of 47% unless a solution is negotiated within 60 days. China has already responded by announcing an investigation into EU wine trading subsidies.
June 5th, 2013 - 8:00 AM EDT |
Comments Off
http://opiniojuris.org/2013/06/05/weekday-news-wrap-wednesday-june-5-2013/
by An Hertogen
June 4th, 2013 - 8:00 AM EDT |
Comments Off
http://opiniojuris.org/2013/06/04/weekday-news-wrap-tuesday-june-4-2013/